United Workers' Union v Luv-A-Duck Pty Ltd

[2021] FWC 4756

[2021] FWC 4756

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437 - Application for a protected action ballot order

United Workers' Union
v
Luv-A-Duck Pty Ltd
(B2021/619)

DEPUTY PRESIDENT MANSINI MELBOURNE, 4 AUGUST 2021

Proposed protected action ballot of employees of Luv-A-Duck Pty Ltd.

[1] This is an application by the United Workers' Union (UWU) made under s.437 of the Fair Work Act 2009 (Cth) (Act) for a protected action ballot order in relation to certain employees of Luv-A-Duck Pty Ltd (Respondent).

[2] The Respondent initially objected to the application. Proceedings were convened, and the objection was subsequently withdrawn, on 4 August 2021.

[3] In the circumstances, I have decided to determine the application on the papers without holding a hearing.

[4] On the basis of the material before me, including the declaration of Mr Adam Auld of the UWU made on 2 August 2021, setting out the steps taken by the UWU in bargaining with the Respondent and that it has been, and is, genuinely trying to reach agreement with the Respondent, I am satisfied that there is a notification time in relation to the proposed agreement and that the requirements in s.443(1) of the Act have been met.

[5] An order has been separately issued in PR732475.

DEPUTY PRESIDENT

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